Maine Revised Statutes Title 29-A: motor vehicles and traffic table of Contents Chapter general provisions 3 Chapter secretary of state 28
§2105. VEHICLE WITH NO IDENTIFICATION MARKS
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- §2106. TAMPERING WITH ODOMETER 1 . Odometer.
- §2107. TAMPERING WITH SIGNS
- §2108. USE OF CLOSED WAY
- §2109. STOPPING OF TRAFFIC BY HAWKERS AND VENDORS
- §2110. HITCHHIKING FORBIDDEN 1 . Definition.
- §2111. AIR POLLUTION CONTROL SYSTEMS 1 . Definition.
- §2112. DRINKING WHILE OPERATING A MOTOR VEHICLE (REPEALED)
- §2113. VISIBLE EMISSIONS 1 . Prohibition.
- §2114. DIESEL-POWERED MOTOR VEHICLE EMISSION OPACITY TESTING PROGRAM 1 . Program established.
- §2115. OPERATING MOTOR VEHICLE ON PICKEREL POND
- §2116. USE OF ELECTRONIC DEVICES BY MINORS WHILE OPERATING MOTOR VEHICLES 1 . Definitions.
- §2117. USE OF TRAFFIC SURVEILLANCE CAMERAS RESTRICTED
- §2117-A. USE OF AUTOMATED LICENSE PLATE RECOGNITION SYSTEMS 1 . Definitions.
| §2105. VEHICLE WITH NO IDENTIFICATION MARKS
A person commits a Class D crime if that person knowingly buys, sells, receives, disposes of, conceals or possesses a motor vehicle, semitrailer or trailer from which the manufacturer's serial number or other distinguishing number or mark has been removed or altered to conceal or misrepresent the identity of the vehicle. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] SECTION HISTORY 1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). §2106. TAMPERING WITH ODOMETER 1. Odometer. A person is guilty of a Class C offense if that person: A. Disconnects, changes or tampers with the odometer of a motor vehicle with the intent to misrepresent or change the number of miles indicated on the odometer; or [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] B. When the odometer reading differs from the number of miles a vehicle has been driven, knowingly offers for sale that motor vehicle without disclosing that the actual mileage is unknown or is known to be different than the odometer reading. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] [ 2005, c. 433, §18 (AMD); 2005, c. 433, §28 (AFF) .] 2. Service and repair. Nothing in this section prevents the repair or replacement of an odometer, as long as the odometer mileage remains the same after the service, repair or replacement. If the odometer is incapable of registering the same mileage after the repair or replacement, the odometer must be adjusted to read zero and a notice provided by the Secretary of State must be attached to the left doorframe of the vehicle by the owner or the owner's agent or by an authorized agent of the Secretary of State. The notice must specify the mileage prior to repair or replacement of the odometer and the date of repair or replacement. [ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] 3. Violation. A person commits a Class D crime if that person fails to attach a notice as required under subsection 2 or removes or alters a notice. [ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] 4. Unfair trade practice. A violation of this section constitutes an unfair trade practice under Title 5, chapter 10. [ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] SECTION HISTORY 1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 2005, c. 433, §18 (AMD). 2005, c. 433, §28 (AFF). §2107. TAMPERING WITH SIGNS A person commits a Class E crime if that person removes or tampers with a sign, light, flare, reflector or other signalling or safety device placed by the Department of Transportation, a county or municipal official or a contractor performing repairs or maintenance work on or adjoining a public way. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] SECTION HISTORY 1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). §2108. USE OF CLOSED WAY A person commits a Class E crime if that person operates a vehicle over a public way that is lawfully closed by posted notice for construction or repairs unless permission to pass is expressly granted by a person in charge of the work. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] SECTION HISTORY 1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). §2109. STOPPING OF TRAFFIC BY HAWKERS AND VENDORS A person commits a traffic infraction if that person signals a moving vehicle, stops a vehicle or accosts an occupant of a vehicle stopped on a public way to solicit a contribution or subscription, or sell merchandise or a ticket of admission to an entertainment or public gathering. This section does not apply to an event or project conducted by a charitable nonprofit organization incorporated in or recognized by the State that has received municipal and local law enforcement authorization, including approval for the organization's traffic routing, schedule and procedures for the event or project. [2005, c. 106, §1 (AMD).] SECTION HISTORY 1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 2005, c. 106, §1 (AMD). §2110. HITCHHIKING FORBIDDEN 1. Definition. As used in this section, "hitchhike" means to endeavor by words, gestures or otherwise to beg, invite or secure transportation in a motor vehicle not engaged in carrying passengers for hire, unless the hitchhiker is known to the driver or a passenger. [ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] 2. Violation. A person commits a traffic infraction if that person hitchhikes on: A. The traveled portion of a public way; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] B. A limited access highway, including but not limited to the Maine Turnpike; or [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] C. Any portion of a public way during the nighttime. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] [ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] 4. Regulation. A municipality may regulate or prohibit hitchhiking on a public way by ordinance. The Department of Transportation may regulate or prohibit hitchhiking on a state or state aid highway in the interest of safety at those locations where accidents may be a problem, limited visibility exists or severe traffic conflicts or other safety factors may occur. [ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] 5. Posting. An area in which hitchhiking has been regulated or prohibited must be clearly identified by posted signs. [ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] 6. Forfeitures. For a violation of subsection 2, a forfeiture not to exceed $50 may be adjudged. [ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] SECTION HISTORY 1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). §2111. AIR POLLUTION CONTROL SYSTEMS 1. Definition. For the purpose of this section, "air pollution control system" means a device or element of design installed on or in a motor vehicle or engine to comply with pollutant emission restrictions established by federal law. [ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] 2. Prohibition. A person commits a Class E crime if that person operates a motor vehicle, except for an antique auto, a motor vehicle using liquefied petroleum gas as engine fuel or a farm tractor on a public way if any operational element of the air pollution control system of that vehicle has been removed, dismantled or otherwise rendered inoperative. [ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] 3. Suspension. If a person is convicted of violating this section, the clerk of the court shall furnish to the Secretary of State an attested copy of the judgment of conviction. On receipt of that copy, the Secretary of State shall suspend the registration of the vehicle in violation. The suspension may be appealed as provided in section 2485. Unless otherwise ordered by the Superior Court on appeal, the suspension remains in effect until the Secretary of State has received notice from an official inspection station that the air pollution control system of that vehicle is in good working order. [ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] SECTION HISTORY 1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). §2112. DRINKING WHILE OPERATING A MOTOR VEHICLE (REPEALED) SECTION HISTORY 1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1999, c. 293, §2 (RP).
A. "Alcohol" means spirituous, vinous, fermented or other alcoholic beverage, or combination of liquors and mixed liquors, intended for human consumption that contains more than 1/2 of 1% of alcohol by volume. [1999, c. 293, §3 (NEW).] B. "Open alcoholic beverage container" means a bottle, can or other receptacle that contains any amount of alcohol, and that is open or has a broken seal, or the contents of which are partially removed. [1999, c. 293, §3 (NEW).] C. "Passenger area" means the area designed to seat the operator and passengers while a motor vehicle is in operation and any area readily accessible to the operator or a passenger, including the glove compartment, while in their seating positions. [1999, c. 293, §3 (NEW).] D. "Public way" means a way, including a right-of-way, owned and maintained by the State, a county or a municipality over which the general public has a right to pass. [1999, c. 293, §3 (NEW).] [ 1999, c. 293, §3 (NEW) .] 2. Violation. The operator of a vehicle on a public way is in violation of this section if the operator or a passenger in the passenger area of the vehicle: A. Consumes alcohol; or [1999, c. 293, §3 (NEW).] B. Possesses an open alcoholic beverage container. [1999, c. 293, §3 (NEW).] [ 1999, c. 293, §3 (NEW) .] 3. Exceptions. An operator of a vehicle is not in violation of this section if: A. The operator or a passenger possesses an open alcoholic beverage container in a vehicle not equipped with a trunk if the open alcoholic beverage container is located behind the last upright seat of the vehicle or in an area not normally occupied by the operator or passenger; [1999, c. 293, §3 (NEW).] B. A passenger transported for a fee consumes alcohol or possesses an open alcoholic beverage container in a vehicle designed for the for-hire transportation of passengers other than a taxicab; [1999, c. 293, §3 (NEW).] C. A passenger possesses an open alcoholic beverage container or a passenger consumes alcohol in the living quarters of a motor home, trailer, semitrailer or truck camper; or [1999, c. 293, §3 (NEW).] D. The operator or the operator's employer holds a valid off-premise catering license issued under Title 28-A, section 1052 and the alcohol is being transported either to or from a catered event. [1999, c. 293, §3 (NEW).] [ 1999, c. 293, §3 (NEW) .] SECTION HISTORY 1999, c. 293, §3 (NEW). §2113. VISIBLE EMISSIONS 1. Prohibition. A person may not operate a gasoline-powered motor vehicle on a public way if the motor vehicle emits visible smoke, other than water vapor, in the exhaust emissions for a period in excess of 5 consecutive seconds. [ 1997, c. 786, §7 (NEW) .] 2. Violation; penalty. A violation of this section is a traffic infraction for which a forfeiture not to exceed $100 may be adjudged. A person against whom enforcement action has been taken for a violation of subsection 1 may not be adjudicated to have committed a subsequent violation of subsection 1 unless 24 hours have elapsed between the date and time of the first violation indicated on the Violation and Summons Complaint and the subsequent violation. [ 1997, c. 786, §7 (NEW) .] SECTION HISTORY 1997, c. 786, §7 (NEW). §2114. DIESEL-POWERED MOTOR VEHICLE EMISSION OPACITY TESTING PROGRAM 1. Program established. The Diesel-powered Motor Vehicle Emission Opacity Testing Program, referred to in this section as the "program," is established within the Department of Environmental Protection. The Department of Environmental Protection shall administer the program in cooperation with the Department of Public Safety. [ 1997, c. 786, §7 (NEW) .] 2. Definitions. As used in this section, the following terms have the following meanings. A. "Diesel-powered motor vehicle" refers only to a diesel-powered motor vehicle that has a gross vehicle weight rating of 18,000 or more pounds. "Diesel-powered motor vehicle" does not include a truck registered as a farm truck. [2003, c. 452, Pt. Q, §61 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] B. "Opacity" means the degree of light-obscuring capability of emissions of visible air contaminants expressed as a percentage. Complete obscuration must be expressed as 100% opacity. [2003, c. 452, Pt. Q, §61 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] [ 2003, c. 452, Pt. Q, §61 (RPR); 2003, c. 452, Pt. X, §2 (AFF) .] 3. Testing and repair requirement. A person who causes operation of a diesel-powered motor vehicle shall comply with the requirements of the program, including emission opacity standards and testing and repair requirements. Owners or operators of diesel-powered motor vehicles that have failed opacity standards for the first time have 30 days from the date that the operator was notified of the failure of the test to certify to the department that repairs were made to bring the vehicle into compliance with the opacity standards established pursuant to this section. If certification is not made within 30 days, then owners or operators commit a traffic infraction. A person may not be found in violation of this section until after January 1, 2000. Only diesel-powered motor vehicles identified by certified inspectors as potential violators of the program's emission opacity standards are subject to testing under this section. Inspectors must be certified pursuant to the procedures for certification specified in 40 Code of Federal Regulations, Part 60, Appendix A, Method 9. [ 2003, c. 452, Pt. Q, §62 (AMD); 2003, c. 452, Pt. X, §2 (AFF) .]
A. A person who violates this section commits a traffic infraction for which a fine of $250 may be adjudged. [2003, c. 452, Pt. Q, §63 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] B. A person who violates this section after previously having been adjudicated as violating this section commits a traffic infraction for which a fine of $500 may be adjudged. [2003, c. 452, Pt. Q, §63 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] [ 2003, c. 452, Pt. Q, §63 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .] 4. Standards and procedures. The Board of Environmental Protection shall adopt rules, which are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A, that establish standards and procedures to continue the program. These rules must include the following: A. Emission opacity standards for diesel-powered motor vehicles that are consistent with emission opacity standards for diesel-powered motor vehicles recommended by an interstate association of air quality control divisions in the northeast states; [1997, c. 786, §7 (NEW).] B. Standards and procedures, including testing methods and standards for test equipment, for safe and effective roadside testing of diesel-powered motor vehicles that operate on public ways of the State for the purpose of enforcing compliance with emission opacity standards; [1997, c. 786, §7 (NEW).] C. Standards and procedures for the administration and enforcement of the program. The rules may establish reciprocity agreements with other states that recognize enforcement actions related to diesel-powered motor vehicle testing programs in other states; [1999, c. 356, §1 (AMD).] D. Repair requirements and standards and procedures for certification of repairs; and [1999, c. 356, §1 (AMD).] E. Standards and procedures for the enforcement of violations and the monitoring and certification of repairs made to bring a vehicle into compliance pursuant to this section. [1999, c. 356, §1 (NEW).] [ 1999, c. 356, §1 (AMD) .]
[ 1997, c. 786, §7 (NEW) .] 6. Implementation. [ 1999, c. 356, §1 (RP) .] 7. Definition. [ 2003, c. 452, Pt. Q, §64 (RP); 2003, c. 452, Pt. X, §2 (AFF) .] SECTION HISTORY 1997, c. 786, §7 (NEW). 1999, c. 356, §1 (AMD). 2003, c. 452, §§Q61-64 (AMD). 2003, c. 452, §X2 (AFF). §2115. OPERATING MOTOR VEHICLE ON PICKEREL POND A person may not operate a motor vehicle as defined in section 101, subsection 42 on Pickerel Pond located in Township 32 Middle Division. This section does not apply to motor vehicles of the Department of Inland Fisheries and Wildlife, airmobiles as defined in Title 12, section 13001, subsection 2 and authorized emergency vehicles as defined in section 2054, subsection 1, paragraph B. A person who violates this section commits a traffic infraction for which a fine of not less than $100 nor more than $500 may be adjudged. [2005, c. 433, §19 (AMD); 2005, c. 433, §28 (AFF).] SECTION HISTORY RR 2003, c. 2, §93 (COR). 2003, c. 614, §8 (NEW). 2005, c. 433, §19 (AMD). 2005, c. 433, §28 (AFF). §2116. USE OF ELECTRONIC DEVICES BY MINORS WHILE OPERATING MOTOR VEHICLES 1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Handheld electronic device" means any handheld electronic device that is not part of the operating equipment of the motor vehicle, including but not limited to an electronic game, device for sending or receiving electronic mail, text messaging device or computer. [2007, c. 272, §1 (NEW).] B. "Mobile telephone" means a device used to access a wireless telephone service. [2007, c. 272, §1 (NEW).] B-1. "Operate" means driving a motor vehicle on a public way with the motor running, including while temporarily stationary because of traffic, a traffic light or a stop sign or otherwise stationary. "Operate" does not include operating a motor vehicle with or without the motor running when the operator has pulled the motor vehicle over to the side of, or off, a public way and has halted in a location where the motor vehicle can safely remain stationary. [2015, c. 113, §4 (NEW).] C. "Using" means manipulating, talking into or otherwise interacting with a mobile telephone or handheld electronic device. [2015, c. 113, §5 (AMD).] [ 2015, c. 113, §§4, 5 (AMD) .] 2. Prohibition. A person who has not attained 18 years of age may not operate a motor vehicle while using a mobile telephone or handheld electronic device. [ 2007, c. 272, §1 (NEW) .] 3. Penalty. A person who violates this section commits a traffic infraction for which a fine of not less than $50 for the first offense and not less than $250 for a 2nd or subsequent offense may be adjudged. [ 2007, c. 272, §1 (NEW) .] SECTION HISTORY 2007, c. 272, §1 (NEW). 2015, c. 113, §§4, 5 (AMD). §2117. USE OF TRAFFIC SURVEILLANCE CAMERAS RESTRICTED The State or a municipality may not use a traffic surveillance camera to prove or enforce a violation of this Title. For purposes of this section, "traffic surveillance camera" means a device that, in conjunction with a lighted traffic-control device or a lane direction control device, as described in section 2057, subsections 1 and 3, or a speed measurement device as described in section 2075, subsection 4, automatically produces one or more photographs, one or more microphotographs, a videotape or any other recorded image of a vehicle at the time the vehicle is operated in violation of state law. [2009, c. 223, §1 (NEW).] This section does not apply to a photo-monitoring system, as defined by Title 23, section 1980, subsection 2-A, paragraph B, subparagraph 4, used by the Maine Turnpike Authority for toll enforcement purposes. [2009, c. 223, §1 (NEW).]
SECTION HISTORY RR 2009, c. 1, §18 (RAL). 2009, c. 223, §1 (NEW). 2009, c. 446, §1 (NEW).
[ 2009, c. 605, §1 (NEW) .] 2. Prohibition. Except as otherwise provided in subsection 3, a person may not use an automated license plate recognition system. [ 2009, c. 605, §1 (NEW) .] 3. Exception. Subsection 2 does not apply to: A. The Department of Transportation for the purposes of protecting public safety and transportation infrastructure; [2009, c. 605, §1 (NEW).] B. The Department of Public Safety, Bureau of State Police for the purposes of commercial motor vehicle screening and inspection; and [2009, c. 605, §1 (NEW).] C. Any state, county or municipal law enforcement agency when providing public safety, conducting criminal investigations and ensuring compliance with local, state and federal laws. For purposes of this paragraph, an automated license plate recognition system may use only information entered by a law enforcement officer as defined by Title 17-A, section 2, subsection 17 and based on specific and articulable facts of a concern for safety, wrongdoing or a criminal investigation or pursuant to a civil order or records from the National Crime Information Center database or an official published law enforcement bulletin. [2009, c. 605, §1 (NEW).] An authorized user under this subsection of an automated license plate recognition system may use an automated license plate recognition system only for the official and legitimate purposes of the user's employer. [ 2009, c. 605, §1 (NEW) .] 4. Confidentiality. Data collected or retained through the use of an automated license plate recognition system in accordance with subsection 3 are confidential under Title 1, chapter 13 and are available for use only by a law enforcement agency in carrying out its functions or by an agency collecting information under subsection 3 for its intended purpose and any related civil or criminal proceeding. A law enforcement agency may publish and release as public information summary reports using aggregate data that do not reveal the activities of an individual or firm and may share commercial motor vehicle screening data with the Federal Motor Carrier Safety Administration for regulatory compliance purposes. [ 2009, c. 605, §1 (NEW) .]
[ 2013, c. 267, Pt. B, §23 (AMD) .] 6. Penalty. Violation of this section is a Class E crime. [ 2009, c. 605, §1 (NEW) .] SECTION HISTORY 2009, c. 605, §1 (NEW). 2013, c. 267, Pt. B, §23 (AMD). Directory: statutes -> 29-A statutes -> Title 12: conservation chapter 611: salmon commission table of Contents Part marine resources statutes -> Article 1 in general 35 1 101. Local contributions; disposition statutes -> §90-B. Address confidentiality program definitions 29-A -> Title 29-A: motor vehicles and traffic chapter 5: vehicle registration table of Contents 29-A -> §523. Certain veterans amputee or blind veterans 29-A -> §524-B. Gold star family registration plates eligibility Download 4.32 Mb. Share with your friends:
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